Legionnaires' Disease Class Action
More than 144 persons suffered Legionnaires' Disease as a result
of their exposure to Legionella while attending the Melbourne
Aquarium between 8 and 27 April 2000. This disease is serious and
caused the death of several people and severe injuries to many
others.
The action
On 4 May 2000 Maurice Blackburn issued a class action in the
Supreme Court of Victoria which made allegations of negligence
against the Melbourne Aquarium, the construction company,
mechanical engineers, an air conditioning company and the water
treatment company in relation to the maintenance, cleaning,
testing, and/or repair of the cooling towers and/or the pumps
serving the cooling towers at the Melbourne Aquarium.
The class action was issued on behalf of the Lead Plaintiff,
Phyllis Patterson, and other affected persons who suffered loss and
damage as a result of their attendance at the Melbourne Aquarium.
Following the death of Mrs Patterson in September 2001, the action
continued with Hilda Hilton as the Lead Plaintiff.
The trial of the class action was set to commence on 2 February
2004.
Settlement
The Plaintiff and the Defendants agreed to settle the Class
Action on 2 February 2004. On 11 February 2004, the Supreme Court
made orders approving the Settlement Agreement.
The Settlement Agreement provides for an assessment of damages
for each claimant, subject only to the issue of causation and
whether the Claimant is a Group Member. The Defendants admitted
that where a Group Member suffered Legionnaires Disease or
Legionellosis, the source of the disease was from the cooling
towers at the Aquarium.
Most group members received their compensation in June and July
2004.